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Global Indirect Tax News - 15/03/2017


Global Indirect Tax News - February 2017

Your reference for indirect tax and global trade matters

Welcome to the February 2017 edition of GITN, covering updates from the Americas, Asia Pacific and EMEA regions.

Features of this edition include cases from France and the UK regarding the VAT treatment of ‘points based’ loyalty schemes, a report from Russia on foreign companies registering to pay VAT on e-services, and some details on VAT registration and compliance in the UAE.  

See here for the February 2017 edition of GITN.

David Raistrick
Deloitte Global Leader – Indirect Tax

Country summaries

Americas

Costa Rica

The Free Trade Zone Regime Bylaw has been amended.

There is an update on excise duties applied to beverages with alcoholic content, and fuel and gas.

Asia Pacific

China

In early January 2017, the General Administration of Customs announced special supporting measures for the import of certain products originating from New Zealand and Australia into China.

India        

Budget 2017 was presented on 1 February.

Units in SEZs are now allowed to provide legal and accountancy services.

The Central Board of Excise and Customs has prescribed the procedure for online registration and payment in respect of OIDAR providers located in non-taxable territories.

Service tax has been extended in respect of ocean freight on the import of goods.

Hotel aggregators have been excluded from the definition of ‘aggregators’.

Malaysia

The Designated Area and input tax credit guides have been updated.

There is discussion on the impact of transfer pricing adjustments on the valuation of goods for import declaration purposes.

There has been a decrease in the import duty charged on goods imported on/with or in personal baggage.

New Zealand

A number of GST amendments will soon come into force, including the following:

•        More businesses will be able to claim GST on capital raising costs.

•        More services relating to New Zealand land will be subject to GST at 15%.

•        Nonresident businesses will have a greater opportunity to ‘GST-only’ register in New Zealand and claim input GST.

•        Large, partially exempt businesses will be allowed to obtain approval from the tax authorities for their method of apportionment.        

EMEA

European Union

Customs authorities are increasingly focussing on export controls.

Denmark

There has been a CJEU judgment on the application of the VAT secondhand goods scheme for parts removed from ‘end of life’ cars.

Finland

A court has ruled on the VAT treatment of acquiring services provided to a bank.

France

There has been a reference to the CJEU regarding the application of the C3S.

A recent court decision held that there was no deductibility for VAT invoiced by participating companies to loyalty program managers.

A recent court decision held that ski rental associated with insurance and transport services was a complex supply for VAT purposes.

Germany

The Federal Court has ruled on the VAT treatment of supplies via call off stock; supplies via call off stock can be zero rated intra-Community supplies if certain conditions are fulfilled.

Hungary

The CJEU has ordered that input tax should be restricted for a holding company.

Ireland

There has been a CJEU judgment on the application of VAT to road tolls.

Italy

Following the approval of the Commission for Constitutional Affairs, the legislative decree of DL Milleproroghe (the annual decree extending the life of various government measures) has passed under the examination of the Parliament. The proposed amendments, including VAT amendments, are planned to be definitively approved by the end of February.

A number of government agencies have issued a press release regarding the declaration of intra-Community acquisitions for January 2017.

The tax authorities have provided the first guidelines regarding the technical requirements to satisfy for the periodical e-submission of invoices issued/received.

The first clarifications have been issued regarding the amended VAT warehouse regime.

A number of acts were issued by the Customs and Monopoly Agency in January and February 2017 in light of the Union Customs Code.

Russia

The first statistical data regarding foreign providers of e-services registered with the tax authorities is available.

The Federal Tax Service has clarified the procedure of VAT application for the transfer of rights to use the additional functions of a computer online game.

The Federal Tax Service has clarified the application of VAT upon acquisition from a foreign entity of rights to use a database through the Internet.

The Ministry of Finance has clarified the application of VAT with respect to the issuance by a Russian entity of a guarantee in favor of a foreign entity.

The Federal Tax Service has summarized court practice on tax issues for the second half of 2016.

The Federal Customs Service has summarized practice on disputes considered by the Service in 2016.

There have been changes in the administrative responsibility for non-submission, late submission or submission of incorrect statistical forms for movement of goods within the EEU.

South Africa

An environmental levy on tyres has come into effect.

The customs duty rate on certain sugar has been reduced to free of duty.

There has been a protest regarding the perceived dumping of chicken originating from the EU.

UAE

The Ministry of Finance recently published details on its website of VAT registration and compliance requirements.

United Kingdom

There has been a court judgment on the VAT treatment of vouchers given away with newspapers.

There has been a court judgment on the VAT treatment of ‘points based’ reward schemes.

There has been a court judgment on the VAT treatment of student recruitment services supplied to universities.

The results of a Deloitte UK survey on the likely indirect tax consequences of Brexit are available.

Eurasian Economic Union

Zero import customs duty has been introduced for certain goods.

New requirements have entered into force for the marking of explosives.


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